North Carolina General Statutes
Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law.
§ 20-294 - Grounds for denying, suspending, placing on probation, or revoking licenses.

20-294. Grounds for denying, suspending, placing on probation, or revoking licenses.
In accordance with G.S. 20-295 and G.S. 20-296, the Division may deny, suspend, place on probation, or revoke a license issued under this Article for any one or more of the following grounds:
(1) Making a material misstatement in an application for a license.
(2) Willfully and intentionally failing to comply with this Article, Article 15 of this Chapter, or G.S. 20-52.1, 20-75, 20-79.1, 20-79.2, 20-108, 20-109, 20-109.3, or a rule adopted by the Division under this Article. It shall be an affirmative defense, exclusive to the dealer licensee, if the violation is a result of fraud, theft, or embezzlement against the licensee. Responsible persons, including officers, directors, and sales representative licensees, may be charged individually if they actively and knowingly participated in the unlawful activity. This affirmative defense is waived if any violation charged creates an unrecoverable loss for a citizen or another licensed motor vehicle dealer of this State.
(3) Failing to have an established salesroom, if the license holder is a motor vehicle dealer, or failing to have an established office, if the license holder is a wholesaler.
(4) Willfully defrauding any retail or wholesale buyer, to the buyer's damage, or any other person in the conduct of the licensee's business.
(5) Employing fraudulent devices, methods or practices in connection with compliance with the requirements under the laws of this State with respect to the retaking of motor vehicles under retail installment contracts and the redemption and resale of such motor vehicles.
(6) Using unfair methods of competition or unfair or deceptive acts or practices that cause actual damages to the buyer.
(7) Knowingly advertising by any means, any assertion, representation or statement of fact which is untrue, misleading or deceptive in any particular relating to the conduct of the business licensed or for which a license is sought.
(8) Knowingly advertising a used motor vehicle for sale as a new motor vehicle.
(9) Being convicted of an offense set forth under G.S. 14-71.2, 20-106.1, 20-107, or 20-112 while holding such a license or within five years next preceding the date of filing the application; or being convicted of a felony involving moral turpitude under the laws of this State, another state, or the United States. It shall be an affirmative defense, and will operate as a stay of this violation, if the person charged is determined to qualify and obtains expunction, certificate of relief, or pardon, or, if the violative conviction is vacated. If relief is granted, this violation is dismissed. If relief is denied, the stay is lifted.
(10) Submitting a bad check to the Division of Motor Vehicles in payment of highway use taxes collected by the licensee.
(11) Knowingly giving an incorrect certificate of title, or failing to give a certificate of title to a purchaser, a lienholder, or the Division, as appropriate, after a vehicle is sold. It shall be an affirmative defense, exclusive to the dealer licensee, if it is found the violation is a result of fraud, theft, or embezzlement against the licensee. Responsible persons, including officers, directors, and sales representative licensees, may be charged individually if they actively and knowingly participated in the unlawful activity. This affirmative defense is waived if any violation charged creates an unrecoverable loss for a citizen or another licensed motor vehicle dealer of this State.
(12) Making a material misstatement in an application for a dealer license plate.
(13) Failure to pay a civil penalty imposed under G.S. 20-287. (1955, c. 1243, s. 10; 1963, c. 1102; 1967, c. 1126, s. 2; 1975, c. 716, s. 5; 1977, c. 560, s. 3; 1983, c. 704, s. 4; 1985, c. 687; ss. 1, 2; 1991, c. 193, s. 2; 1993, c. 440, s. 11; 2001-345, ss. 3, 4; 2010-132, s. 16; 2014-108, s. 5(a); 2018-43, s. 4; 2021-134, s. 1.2(a).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 20 - Motor Vehicles

Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law.

§ 20-285 - Regulation of motor vehicle distribution in public interest.

§ 20-286 - Definitions.

§ 20-287 - Licenses required; penalties.

§ 20-288 - Application for license; license requirements; expiration of license; bond.

§ 20-289 - License fees.

§ 20-290 - Licenses to specify places of business; display of license and list of salesmen; advertising.

§ 20-291 - Representatives to carry license and display it on request; license to name employer.

§ 20-292 - Dealers may display motor vehicles for sale at retail only at established salesrooms.

§ 20-292.1 - Supplemental temporary license for sale of antique and specialty vehicles.

§ 20-294 - Grounds for denying, suspending, placing on probation, or revoking licenses.

§ 20-295 - Action on application; grace period while application for license renewal is pending.

§ 20-296 - Notice and hearing upon denial, suspension, revocation, placing on probation, or refusal to renew license.

§ 20-297 - Retention and inspection of certain records.

§ 20-297.1 - Franchise-related form agreements.

§ 20-298 - Insurance.

§ 20-298.1 - Provision of certain products and services to those covered under the Military Lending Act.

§ 20-299 - Acts of officers, directors, partners, salesmen and other representatives.

§ 20-300 - Appeals from actions of Commissioner.

§ 20-301 - Powers of Commissioner.

§ 20-301.1 - Notice of additional charges against dealer's account; informal appeals procedure.

§ 20-302 - Rules and regulations.

§ 20-303 - Installment sales to be evidenced by written instrument; statement to be delivered to buyer.

§ 20-304 - Coercion of retail dealer by manufacturer or distributor in connection with installment sales contract prohibited.

§ 20-305 - Coercing dealer to accept commodities not ordered; threatening to cancel franchise; preventing transfer of ownership; granting additional franchises; terminating franchises without good cause; preventing family succession.

§ 20-305.1 - Automobile dealer warranty and recall obligations.

§ 20-305.2 - Unfair methods of competition; protection of car-buying public.

§ 20-305.3 - Hearing notice.

§ 20-305.5 - Recreational vehicle manufacturer warranty recall obligations.

§ 20-305.6 - Unlawful for manufacturers to unfairly discriminate among dealers.

§ 20-305.7 - Protecting dealership data and consent to access dealership information.

§ 20-306 - Unlawful for salesman to sell except for his employer; multiple employment; persons who arrange transactions involving the sale of new motor vehicles.

§ 20-307 - Article applicable to existing and future franchises and contracts.

§ 20-307.1 - Jurisdiction.

§ 20-308 - Penalties.

§ 20-308.1 - Civil actions for violations.

§ 20-308.2 - Applicability of this Article.